The Planning (Local Listed Building Consent Orders) (Procedure) Regulations 2014

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Planning (Local Listed Building Consent Orders) (Procedure) Regulations 2014 and come into force on 6th April 2014.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

“the Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990;

“owner”, in relation to a listed building, means a person who is for the time being—

(a)

the estate owner in respect of the fee simple in the building, or

(b)

entitled to a tenancy of the building granted or extended for a term of years certain of which not less than seven years remain unexpired.

(4) In these Regulations and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being carried out electronically—

(a) the expression “address” includes any number or address used for the purpose of such communications; and

(b) a reference to a document or a copy of a document includes a version of that document or copy in electronic form; and

(c) “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 (general interpretation)(1).

(5) Paragraphs (6) to (9) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any notice or other document to any other person (“the recipient”).

(6) The requirement is not taken to be fulfilled unless the notice or document transmitted by the electronic communication is—

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.

(7) In paragraph (6), “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(8) Where the electronic communication is received by the recipient outside the recipient’s business hours, it is taken to have been received on the next working day, and for this purpose “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

(9) A requirement in these Regulations that any notice or other document should be in writing is fulfilled where the notice or document meets the criteria in paragraph (6), and “written” and cognate expressions are to be construed accordingly.

(1)

2000 c. 7; section 15(1) was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).